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Office of the Queensland Training Ombudsman

Performance report for the period 14 September 2015 to 30 September 2016

For more information contact: Office of the Queensland Training Ombudsman PO Box 15090 City East, Brisbane Qld 4002 Email: info@trainingombudsman.qld.gov.au Telephone: 1800 773 048

Ref: 16/464992

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Table of Contents

1 Introduction ........................................................................... 3

1.1 The First 12 Months ..................................................................... 3

1.2 Complaints Summary .................................................................. 4

2 Summary of Complaints/Enquiries ..................................... 5

2.1 Number of Complaints/Enquiries Received ............................... 5

2.2 Timing of Complaints/Enquiries ................................................. 5

2.3 Complaints/Enquiries by Gender ................................................ 6

3 Complaint Profile .................................................................. 6

3.1 Complainants ............................................................................... 7

3.2 Complaints by Industry Sector ................................................... 7

3.3 Main Issues Raised ...................................................................... 8

3.4 Complaints by Location .............................................................. 9

4 Complaint Outcomes............................................................ 9

4.1 Formal Referrals to Other Agencies ......................................... 10

4.2 Timeframe to Close Complaints ............................................... 10

5. Enquiry Outcomes ............................................................. 11

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1 Introduction The Office of the Queensland Training Ombudsman (OQTO) commenced operation on 14 September 2015 and was established by the Queensland Government as part of its plan for reinvigorating the vocational education and training (VET) sector in Queensland.

The OQTO provides a free, confidential, and independent service to review and resolve enquiries and complaints from apprentices, trainees, students, employers and other parties about the VET system.

The OQTO helps clients navigate the VET sector and finds the best way to address their concerns. The office provides free advice about rights and responsibilities within the VET sector and aims to address complaints impartially and quickly.

The Queensland Training Ombudsman will look at the client’s circumstances and assist them to resolve issues appropriately by:

• reviewing the issue and recommending the most appropriate action to take;

• referring the complaint to another agency if they are best suited to assist;

• mediating between parties to come to a mutually beneficial solution; and

• advocating solutions for key issues in the VET sector.

The OQTO started receiving complaints and enquiries from the first week of operation and all are integrated in the data in this report. This document contains performance data for the period of 14 September 2015 to 30 September 2016.

Over time, the data will identify trends which will inform the Queensland Training Ombudsman’s work in promoting improved service delivery by the training sector, and in identifying systemic issues.

Data in this report is correct as at 30 September 2016.

1.1 The First 12 Months

The Interim Training Ombudsman, Mr Geoff Favell, commenced in the role on 14 September 2015. Legislation to formally establish the position under the Further Education and Training Act 2014 was proclaimed on 22 April 2016.

Apart from dealing with incoming complaints, the first 12 months of the OQTO have been spent on a number of key administrative activities including:

• setting up temporary premises independent of Department of Education and Training (DET) at 61 Mary Street and moving to permanent accommodation at Level 17, 53 Albert Street;

• the development of criteria and protocols around complaint assessment, the establishment of a complaints register and the creation of various correspondence templates to support the complaint management process;

• creation of a simple web page containing a PDF complaint form and FAQs;

• establishment of a complaints telephone hotline;

P a g e | 4 • releasing a series of announcements promoting the role of the OQTO as proposed in the approved

communications plan;

• developing, printing and distributing a brochure to local Members of Parliament and Regional Training offices;

• developing and implementing a new database which streamlines complaint management; and

• working with the creative team at New Word Order on the development of branding and a new website.

Since September 2015, the Interim Training Ombudsman has held numerous meetings with various stakeholders including the South Australian Training Advocate, the Queensland Health Ombudsman, senior representatives of the Australian Department of Education and Training, representatives from Australian Council for Private Education and Training (ACPET), the Australian Skills Quality Authority (ASQA), the Office of Fair Trading (OFT), the Queensland Ombudsman, the Overseas Students Ombudsman, Group Training Queensland and Northern Territory Inc (GTAQNT), the Queensland Building and Construction Commission (QBCC), Construction Skills Queensland (CSQ) and TAFE Queensland.

The Interim Training Ombudsman has delivered presentations on the role and functions of the Queensland Training Ombudsman at Townsville, Maroochydore, Toowoomba, Chermside, Eight Mile Plains, Ipswich, Emerald, Logan, Gold Coast, Mackay, Rockhampton, Gladstone, Cairns and North Lakes with approximately 660 people in attendance at the information sessions.

The Interim Training Ombudsman also presented at the Construction Skills Queensland Board, Australian Manufacturing Workers' Union Apprentice Conference, VET Industry Advisory Organisation, Resources Industry Skills Association Advisory Group and Queensland Association of Independent Legal Services Inc.

Memoranda of Understanding (MOUs) have been signed with GTAQNT, ACPET, CSQ, ASQA and an Information Sharing Agreement has been entered into with OFT. An MOU with the Australian Government is close to finalisation.

Initial discussions have taken place concerning a protocol with DET and the idea of ensuring the Interim Training Ombudsman is the point of contact for ALL VET complaints in Queensland.

The temporary Queensland Training Ombudsman website, which is currently located on the Queensland Government website at https://www.qld.gov.au/education/training/training-ombudsman/pages/about-trainingombudsman.html has received over 9,500 hits between 14 September 2015 and 30 September 2016. Early work on branding has been completed and approved by the Minister. The development of a full Queensland Training Ombudsman website, which will allow online complaints, has also commenced and this will be a significant project for the second half of 2016.

On 29 August 2016, the Minister directed the Queensland Training Ombudsman to undertake a review of training in the security industry, with a particular focus on identifying any systemic issues or areas for improvement. A preliminary report will be provided to the Minister in October 2016 with a final report by the end of the year.

The remainder of 2016 will continue to build on what has been a productive and very positive first 12 months of operation for the OQTO.

1.2 Complaints Summary

In the period 14 September 2015 to 30 September 2016, the Interim Training Ombudsman received and assessed 369 complaints and enquiries. As expected, the majority of complainants, over 76%, are from

P a g e | 5 apprentices, trainees and students. Just over half of the complainants are female and over 45% of complainants reside in the Metropolitan or North Coast Region of Queensland.

Just over a quarter of complaints relate to the community services sector, followed by business with just over 13%. RTO behaviour appears to be a predominant area of concern along with enrolment and refund issues.

Of particular note, the Interim Training Ombudsman has:

• achieved the complainants preferred outcome in over 84% of completed investigations;

• effected resolution of 37 cases regarding course fees to both parties’ satisfaction and involving a refund or waiver of over $190,000;

• formally referred 22 matters to the Department of Education and Training (DET), two to ASQA and one to the Office of Industrial Relations for further investigation.

• provided information to DET on behalf of complainants which was considered by DET and resulted in the termination of Pre-qualified Supplier agreements and changes to subsidy arrangements.

The OQTO commenced investigations with respect to an electrical licensing safety issue, which resulted in recommendations that enhanced overall training quality for apprentice electricians. Consultations took place with the Electrical Safety Office and DET. Recommendations were submitted and approved by the Minister on 1 June 2016 and DET has formed a reference group to oversee the implementation of the report recommendations.

2 Summary of Complaints/Enquiries

2.1 Number of Complaints/Enquiries Received

14 September 2015 to 30 September 2016

Type Number Percentage

Complaint 309 83.7

Enquiry 60 16.3

Total 369 100.0

2.2 Timing of Complaints/Enquiries

14 September 2015 to 30 September 2016

Month received Number September (commenced 14/9/15) 4 October 9 November 20 December 18 January 14 February 33 March 31

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Month received Number April 39 May 49 June 38 Total for 2015/16 255 July 38 August 33 September 43 Total for 2016/17 114 Total since commencement 369

2.3 Complaints/Enquiries by Gender

14 September 2015 to 30 September 2016

3 Complaint Profile The following profile and demographic data is based on complaints only – including those completed and closed and those still under investigation. Enquiries are excluded from this data.

It is worth noting that, in some cases, a complaint represents more than the single complainant. In one case where a positive resolution was achieved, the result impacted seven other students; another case the complaint affected 127 apprentices and another complaint 11 students were affected. This means the outcomes of Interim Training Ombudsman investigations have assisted well over the 369 people who have approached the OQTO to lodge a complaint. The actual figure is more in the vicinity of 530.

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3.1 Complainants

14 September 2015 to 30 September 2016

Complainant Number Percentage

Apprentices/Trainees/Students 235 76.1

Employers 7 2.3

Govt Agencies (ASQA, DET, OFT) 2 0.6

Other Stakeholders 24 7.8

Parents/Guardians 21 6.8

RTO 18 5.8

VET Service Provider (non RTO) 2 0.6

Total 309 100.0

3.2 Complaints by Industry Sector

14 September 2015 to 30 September 2016

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3.3 Main Issues Raised 14 September 2015 to 30 September 2016

Issue Number Percentage Apprenticeships/Traineeships

- Current Govt Policy (2) - Duration (1) - Employer Behaviour (6) - Enrolment/refund (1) - Fees (4) - Incentives (2) - No Training/Employment Provided (7) - Not Specified (4) - Other Stakeholder Behaviour (1) - Quality (1) - RTO Behaviour (10) - School Based Apprenticeship/Traineeship (4)

43 13.9

RTO/PQS - Current Govt Policy (3) - Enrolment/refund (6) - Fees (3) - No Training/Employment Provided (1) - Quality (7) - Recruitment/Marketing/Assessment (8) - RTO Behaviour (52) - VET in Schools (1)

81 26.2

VET FEE HELP - Current Govt Policy (1) - Enrolment/refund (56) - Fees (2) - Quality (11) - RTO Behaviour (20)

90 29.1

RTO Matter (including Fee for Service) - Current Govt Policy (1) - Duration (1) - Enrolment/refund (32) - Fees (7) - Quality (3) - RTO Behaviour (31)

75 24.3

Other - Current Govt Policy (5) - Enrolment/refund (5) - Not Specified (3) - Other Stakeholder Behaviour (2) - Quality (1) - Recruitment/Marketing/Assessment (3) - RTO Behaviour (1)

20 6.5

Total 309 100.0

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3.4 Complaints by Location

14 September 2015 to 30 September 2016

4 Complaint Outcomes

14 September 2015 to 30 September 2016

Decisions Number Percentage of completed complaints

Completed - complainant outcome achieved 217 84.4

Completed – complainant outcome not achieved 32 12.5

Completed – no further action and formally withdrawn 8 3.1

Total 257 100.0

Complaint Refused 9

Total completed 266

As at 30 September 2016, 257 complaints have been completed and finalised. 217 (84.4%) achieved the complainant’s desired outcome, including 37 cases of fee refund or waivers which totalled over $190,000.

32 cases did not achieve the complainant’s desired outcome. These cases included unsuccessful attempts by students to partially recover course fees, and complaints which were closed without investigation due to the complainant not responding despite multiple attempts by the OQTO to contact them for further information.

P a g e | 10 Eight complaints were formally withdrawn as the complainant had settled the matter directly, and in some cases decided to continue with their studies.

Nine complaints were refused for investigation due to the nature of the complaint. In one case, this involved a complaint about DET regional staff which was not appropriate for investigation by OQTO.

As at 30 September 2016, 43 complaints are still under investigation.

4.1 Formal Referrals to Other Agencies

14 September 2015 to 30 September 2016

Referrals Number

DET 22

ASQA 2

Office of Industrial Relations 1 Total 25

While there have been 25 formal referrals from the Interim Training Ombudsman to other agencies, there have been other instances where verbal advice has been given to complainants suggesting other bodies who could also assist with their issue. One complainant was advised they may wish to discuss their issue with the Anti-Discrimination Commission, one complainant was advised to contact their local police station and lodge their complaint and another was advised to contact Fair Work Australia. In another case, DET was asked by OQTO to contact the complainant and provide them with detailed information on second chance options.

The OQTO strives to provide complainants with the full wrap-around support service and advice to help students and VET stakeholders as much as possible, even going so far as to assist complainants to draft correspondence and emails to support their case.

4.2 Timeframe to Close Complaints

14 September 2015 to 30 September 2016

Timeframe data below relates to all closed complaints, including withdrawn and refused complaints.

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5. Enquiry Outcomes 60 enquiries have been received by OQTO between 14 September 2015 to 30 September 2016 and 58 of these have been satisfactorily answered.